임시총회결의 부존재 확인
The defendant's appeal is dismissed.
Of the appeal costs, the part arising from participation.
1. Basic facts
A. The defendant is a special corporation established under the Small and Medium Enterprise Cooperatives Act.
The Plaintiffs, when the Defendant’s members were directors, was disqualified or discharged from office according to the resolution of the extraordinary general meeting listed in the attached Table 1 (hereinafter “instant extraordinary general meeting”); Plaintiff A and B were expelled from the members; and the Intervenor’s Intervenor (Appointed Party) and the designated persons listed in the attached Table 2 (hereinafter collectively referred to as “participatings”) are the chief executive officer, directors, and auditors appointed at the instant extraordinary general meeting.
B. On November 30, 2015, the Defendant held an extraordinary general meeting of the association members (hereinafter “special general meeting of November 30, 2015”) and appointed E as the president, K, H as each auditor, L, F, I, and G as each director.
C. Accordingly, Plaintiff A filed an application for the provisional disposition of suspending the performance of duties against E, I, and G, and accordingly, the resolution of appointment of executive officers at the special general meeting as of March 21, 2016 is null and void. As such, E is a decision that the duties of the chief director of the Defendant, I, and G shall not be performed by the duties of the Defendant director, and ② a decision to appoint M as the acting director of the Defendant chief director as of May 12, 2016, and each decision was made (Seoul Southern District Court Decision 2016Kahap2031) with respect to the lawsuit for confirmation of the existence of the special general meeting, which is the case on the merits, and the judgment became final and conclusive on February 13, 2018.
(Seoul Southern District Court 2016Kahap10381, Seoul High Court 2017Na2024814) d.
F 84 or less of the members of the defendant's association representing F 84 or less of the members of the defendant's association
Pursuant to Article 45(2) of the Small and Medium Enterprise Cooperatives Act, upon the Defendant’s acting M on September 27, 2017, the Small and Medium Enterprise Cooperatives demanded to convene an extraordinary general meeting consisting of (1) chief director and auditor, (2) the expulsion of members, (3) the dismissal of directors and auditors, but M on the grounds that it is outside the scope of authority of acting directors. < Amended by Act No. 14